H1B-Transfer before Oct1st : New Filing :

Question

If I file for PP and get it approved before 30th Sept, and find an employer who is willing to do the transfer is it possible for a transfer to be done before Oct 1st?

If I leave USA , and when the H1B is approved, my new employer transfers ( or files for a transfer) , can I start working after the  h1b transfer receipt has been generated ?

I am on CAP-GAP and can only work till 30th Sept, if my H1B dsnt get approved before 30th , with a start date of 1st OCt.

 

 

thanks

Answer 1

What's state of your H1B filing process at this point in time?

I am afraid you might not make it this year's quota if you are just planning to file the petition. The whole process might take atleast 2-3 weeks (LCA itself needs around 2 weeks or more) before you can send out the petition documents to USCIS. From the last cap count published by USCIS the quota might either be over by now or by end of this week.

 

Thanks,

Sujith

Comments

Dude!! I already have a receipt.  i am thinking for transfering to a different employer.

Answer 2

If your H-1 gets approved w/ COS by Sep 30th, then you will be on H-1 from Oct 1. After this if another employer files for cap-exempt petition (aka H-1 transfer), then you can start working for the new employer as soon as the transfer notice is received by USCIS.

Comments

Sourabh,
Are you aware what is the cost of H1 -transfer?
Moreover, my new company files a h1 -transfer request before 30th Sept, can I move to the new company on 1st Oct( without wasting any more time ).
I understand the prudent thing would be to wait till the transfer is approved, but still would want to know the possibilities.

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Cost is same as new H-1 petition.

The new employer can file for H-1 transfer once the other petition gets approved. However, you can join them on the basis of transfer receipt as well from Oct 1 (provided you are on H-1 visa status on that day).